Back Injuries in California and Your Right to Compensation
At some point in their life almost everyone experiences back pain but true back injuries, back sprains and back strains are serious and painful conditions. The human back is an intricate network of tiny and delicate bones, fragile, paper-thin muscles and gossamer-like connective tissues that can easily be seriously damaged from extreme impact or repeated activities for which the back was not designed. Overloading, over-exertion, poor posture and repeated workplace motions inappropriate for back health are some of the more common causes of back injuries at the workplace, but motor vehicle accidents, falls and other high-impact injuries are the leading causes of back trauma in California today.
Some back injuries are merely irritating; a passing problem that can be solved with the application of heat or ice and over-the-counter medications while others are serious enough to require surgery, traction and long-term physical therapy. The more serious back injuries require long-term attention and have a negative ripple effect into the victim's life, from disrupting their day-to-day routine to causing them extreme financial distress when they rack up huge medical bills and lose their ability to work and earn.
Back injuries caused by the actions or negligence of others can be taken to trial for monetary compensation for the victims suffering. Settlements for back injuries are usually relative to the severity of the injury, and presented traumas are classified as minor, moderate or severe. Back injury claims for traumas sustained in the workplace may be covered through Workers Compensation Insurance, or may qualify to be taken to trial in a third-party action. Generally, employers cannot be held liable for workplace accidents but others, known as third parties, can be held legally responsible for back injuries if they can be proven to be at fault. A third party may be a fellow employee, an equipment manufacturer, a repair person or even a direct supervisor or manager.
Those individuals with back injuries normally have the right to compensation but settlements can take months or years due to the labyrinthine legal proceedings surrounding personal injury and medical testimony. To make matters worse, any insurance companies involved in the lawsuit are almost sure to process the claims slowly and be resistant to quick settlements. Most people are completely unprepared for handling insurance negotiations, assessing appropriate settlement estimates and the mountains of documentation and paperwork that must be submitted under restrictive time frames.
If you have sustained a back injury caused by the negligence or actions of another individual or business organization then contact a California injury lawyer to learn more about your rights to compensation and what steps to take. An attorney is an invaluable ally who can not only act on your behalf, but explain the legal complexities to you so you can make an informed decision at every step.